Showing posts sorted by date for query Goben memorandum. Sort by relevance Show all posts
Showing posts sorted by date for query Goben memorandum. Sort by relevance Show all posts

Wednesday 8 July 2015

Finger of blame for Lockerbie pointed at American citizen

[This is the headline over an article by Derek Lambie published in the Sunday Express on this date in 2007.  It reads as follows:]

In a sensational twist, Abu Elias, currently living near Washington DC, will be named with others believed to be in the Popular Front for the Liberation of Palestine - General Command (PFLP-GC) as part of a terror cell behind the Pan Am disaster.

Lawyers claim the radical Palestinian organisation was hired for $10million to avenge the shooting down of an Iranian airliner by the US five months earlier.

Two weeks ago Libyan Abdelbaset Ali Mohmed al-Megrahi, 55, was given the right to appeal his conviction.  Elias - who has a new identity the Sunday Express cannot divulge - is the nephew of the terror group's leader, Ahmed Jibril, the man believed to be the mastermind of the bombing.

The Sunday Express understands new documents - likely to form the basis for al-Megrahi's appeal - show the American was described as "the primary target" early in the investigation.  They also state he conspired with Mohammed Abu Talb, an Egyptian named by Dumfries and Galloway Police as the initial chief suspect.

Lockerbie relatives last night said they are more convinced than ever that the PFLP-GC are the perpetrators of the atrocity. Dr Jim Swire, who lost daughter Flora in the disaster, said: "My view has always been that Abu Talb was involved but that he was not the actual bomber. This development is encouraging and opens new avenues."

Pan Am Flight 103 was just 38 minutes into its journey from London to New York when it was blown up.  Investigators concluded a Semtex bomb was in a cassette player rigged with a Swiss electronic timing device.  Al-Megrahi was convicted in 2002 following a £75million trial at a Scottish Court, at Camp Zeist in the Netherlands, although his co-accused Al-Amin Khalifa Fahima was cleared.

But the Scottish Criminal Cases Review Commission (SCCRC) has identified six grounds where it believes a miscarriage of justice may have occurred, with its main focus on the evidence from Tony Gauci, who said  al-Megrahi had come into his shop in Malta and bought clothes found at the scene of the disaster.

With the decision, the finger of blame is once again being pointed at the PFLP-GC. Jibril was suspected of organising the bombing on behalf of Iran as revenge on the US for shooting down Iran Air 655 over the Persian Gulf in 1988.

Evidence submitted to the SCCRC named Jibril, now 79, as the mastermind, with his nephew working with Abu Talb, a member of a splinter group and later jailed for life in Sweden for a bomb attack that left one person dead.

The defence case included a US Defence Intelligence Agency cable from September 24, 1989, which states: "The bombing of the Pan Am flight was conceived, authorised and financed by Ali-Akbar (Mohtashemi-Pur), the former Iranian Minister of Interior.

"The operation was contracted to Ahmad Jabril (sic)... for $1million. The remainder was to be paid after successful completion of the mission."

Documents viewed by the Sunday Express allege the plot began when a man named Mobdi Goben supplied material for the bomb to Hafez Dalkamoni, the leader of the PFLP-GC's European cell. He was then introduced to the alleged bomb maker Marwan Khreesat, by Elias, who has both Syrian and American passports.

Very little is known about Elias, but the defence insists he was paid in travellers' cheques by terror leader Dalkamoni in Cyprus, before he took delivery of the bomb in Frankfurt.  Elias was identified as the key suspect although it was never explored in court, even after documents about his role suddenly emerged during the trial.

The Goben Memorandum, said to have been written by a dying member of the PFLP-GC, was handed to the Lord Advocate detailing the group's activities and a confession about Elias. Elias was concerning the FBI before the bombing and was quizzed about cheques deposited in his bank. In August 1988 he met with agents, who knew he was Jibril's nephew. While the SCCRC said there is dubiety over whether Gauci had correctly identified al-Megrahi, documents show the shopkeeper had no such problems identifying Abu Talb.

Despite the evidence, the investigation took an unexpected twist and the Syrian terror group's suspected role in the disaster was dropped. Meanwhile, it emerged Talb could be brought to trial in Scotland because he does not have lifetime immunity from prosecution as had been believed. During al-Megrahi's trial there was a widespread belief he had been given Crown protection for giving evidence. However, the Crown Office yesterday confirmed he does not have immunity.

Friday 19 June 2015

Foreign Office assumed Libyans would be acquitted

[This is the headline over an article by Richard Norton-Taylor published in The Guardian on this date in 2001. It reads as follows:]

On January 31, after an eight-month trial, three Scottish judges, sitting in a special court at Camp Zeist in the Netherlands, found a Libyan intelligence officer, Ali Al-Megrahi, guilty of the Lockerbie bombing - Britain's biggest mass murder - acquitting his colleague, Khalifa Fhimah.

Two days earlier, senior Foreign Office officials briefed a group of journalists in London. They painted a picture of a bright new chapter in Britain's relations with Colonel Gadafy's regime. They made it quite clear they assumed both the Libyans in the dock would be acquitted.

The FO officials were not alone. Most independent observers believed it was impossible for the court to find the prosecution had proved its case against Megrahi beyond reasonable doubt.

It was not only the lack of hard evidence - something the judges admitted in their lengthy judgment. The case was entwined, if the judges were right, in a sequence of remarkable coincidences.

Doubts about the prosecution's case and the judges' verdict are spelled out in Cover-Up of Convenience, published this week. Two journalists, John Ashton and Ian Ferguson, examine in detail what Paul Foot has already succinctly written in Private Eye's special report, Lockerbie, The Flight from Justice.

For more than a year, western intelligence agencies pointed to the Popular Front for the Liberation of Palestine - General Command, led by Ahmed Jibril. It is not hard to see why. Two months before the Lockerbie disaster, German police arrested members of the PFLP-GC near Frankfurt where, according to the prosecution, the bag containing the bomb was placed on the Pan Am airliner.

Among those arrested was Marwan Khreesat, who was found with explosives and a Toshiba cassette player similar to the one said to have contained the bomb. Khreesat was released. It was later revealed he was a Jordanian double agent.

The Jordanians did not allow him to appear as a witness at the trial. Instead, he was interviewed by an FBI agent, Edward Marshman. Marshman described how Khreesat told him how he infiltrated the PFLP-GC, how a second Toshiba bomb had gone missing, and about his contacts with another member of Jibril's group, Abu Elias, said to be an expert in airline security.

Elias is mentioned in a report written by Mobdi Goben, another member of the PFLP-GC, shortly before he died. The Goben memorandum claims Elias planted the bomb in the luggage of Khalid Jaafar, a Lebanese American passenger allegedly involved in a CIA-approved heroin-smuggling operation. The luggage used for these operations, it is claimed, bypassed normal security screening.

The prosecution asked a "foreign government", believed to be Syria, to hand over information about Goben's allegations. Syria refused. Syria was central to the original explanation. This was that the bombing was funded by Iran in retaliation for the mistaken shooting down of an Iranian airliner by an American warship, the USS Vincennes, over the Persian Gulf in July 1988.

There is a widespread view that the US and Britain changed their tack when they badly needed Syria's support, and Iran's quiescence, for the Gulf war after the Iraqi invasion of Kuwait in 1990. They thus fingered the two Libyans, insisting they placed the bomb in an unaccompanied bag at Malta's Luqa airport, where it was transferred to the Pan Am plane at Frankfurt. An earlier Palestinian suspect, Abu Talb, had also visited Malta. He was later held in Sweden on terrorist charges and identified by the British as a prime suspect.

You don't have to look for conspiracies - maybe Jaafar's presence on the plane has an entirely innocent explanation - to question the prosecution's version of events. US authorities issued a series of specific warnings about a bomb threat before Lockerbie. These, and intelligence reports implicating Iran, were dismissed as speculative or hoaxes.

The evidence of Tony Gauci, the Maltese shop owner was extremely shaky. He was uncertain about dates and the weather that day. He told the police the purchaser was "six foot or more" and over 50. Megrahi was five foot eight inches and 37 at the time.

According to Ashton and Ferguson, replica MST-13 timers - implicating Megrahi but only presented as evidence after a long delay - were manufactured by the CIA but that information was not passed to the defence. The evidence of Abdul Giaka, a Libyan who defected to the CIA and star prosecution witness, was described by the judges as "at best exaggerated, at worst simply untrue".

The judgment is littered with assumptions and criticisms of prosecution witnesses. They refer to a "mass of conflicting evidence". Megrahi has lodged an appeal. The Scottish appeal judges surely owe it to the victims' families to explain the string of unanswered questions.

Wednesday 18 February 2015

The late Arnaud de Borchgrave and Lockerbie

[Arnaud de Borchgrave died on Sunday, 15 February 2015. Obituaries are to be found in The Washington Times, The New York Times and The Guardian. His contribution to the Lockerbie affair is recorded in the following two items on this blog:]

Friday, 1 January 2010

Gadhafi admitted it!

This is the subject-heading of an e-mail sent by Arnaud de Borchgrave to Frank Duggan and copied by the latter to me. It reads as follows:
"As Gaddafi explained it to me, which you are familiar with, it was indeed Iran's decision to retaliate for the Iran Air Airbus shot down by the USS Vincennes on its daily flight from Bandar Abbas to Dubai that led to a first subcontracting deal to Syrian intel, which, in turn, led to the 2nd subcontract to Libyan intel. As he himself said if they had been first at this terrorist bat, they would not have put Malta in the mix; Cyprus would have made more sense to draw attention away from Libya."
According to Arnaud de Borchgrave, Gaddafi made the admission, off the record, in the course of an interview in 1993. His published account [28 August 2009] reads:
"Megrahi was a small cog in a much larger conspiracy. After a long interview with Gaddafi in 1993, this editor at large of The Washington Times asked Libya's supreme leader to explain, off the record, his precise involvement in the bombing of Pan Am Flight 103, which killed 270 over Lockerbie, Scotland, on Dec. 21, 1988, and for which Libya paid $2.7 billion in reparations. He dismissed all the aides in his tent (located that evening in the desert about 100 kilometers south of Tripoli) and began in halting English without benefit of an interpreter, as was the case in the on-the-record part of the interview.
"Gaddafi candidly admitted that Lockerbie was retaliation for the July 3, 1988, downing of an Iranian Airbus. Air Iran Flight 655, on a 28-minute daily hop from the Iranian port of Bandar Abbas in the Strait of Hormuz to the port city of Dubai in the United Arab Emirates on the other side of the Gulf, was shot down by a guided missile from the Aegis cruiser USS Vincennes. The Vincennes radar mistook it for an F-14 Tomcat fighter (which Iran still flies); 290 were killed, including 66 children. A year before, in 1987, the USS Stark was attacked by an Iraqi Mirage, killing 37 sailors. The Vincennes skipper, Capt. William Rogers, received the Legion of Merit, and the entire crew was awarded combat-action ribbons. The United States paid compensation of $61.8 million to the families of those killed on IR 655.
"Gaddafi told me, 'The most powerful navy in the world does not make such mistakes. Nobody in our part of the world believed it was an error.' And retaliation, he said, was clearly called for. Iranian intelligence subcontracted retaliation to one of the Syrian intelligence services (there are 14 of them), which, in turn, subcontracted part of the retaliatory action to Libyan intelligence (at that time run by Abdullah Senoussi, Gaddafi's brother-in-law). 'Did we know specifically what we were asked to do?' said Gaddafi. 'We knew it would be comparable retaliation for the Iranian Airbus, but we were not told what the specific objective was,' Gaddafi added.
"As he got up to take his leave, he said, 'Please tell the CIA that I wish to cooperate with America. I am just as much threatened by Islamist extremists as you are.'
"When we got back to Washington, we called Director of Central Intelligence Jim Woolsey to tell him what we had been told off the record. Woolsey asked me if I would mind being debriefed by the CIA. I agreed. And the rest is history."
On the assumption that this account of an off-the-record conversation in 1993 is accurate, it in no way affects the wrongfulness of the conviction of Abdelbaset Megrahi. As I have tried (without success) to explain to US zealots in the past, the fact -- if it be the fact -- that Libya was in some way involved in Lockerbie does not entail as a consequence that any particular Libyan citizen was implicated. The evidence led at the Zeist trial did not justify the guilty verdict against Megrahi. On that basis alone his conviction should have been quashed had the recently-abandoned appeal gone the full distance. That conclusion is reinforced (a) by the material uncovered by the Scottish Criminal Cases Review Commission and (b) by the material released on Mr Megrahi's website.

Saturday, 2 January 2010

Reaction to "Gadhafi admitted it!"

[The following comment on the "Gadhafi admitted it!" thread comes from Peter Biddulph. It was too long to be posted directly as a comment on that thread.]
The timing of this information is most strange.
According to Wikipedia and other sources, Arnaud de Borchgrave appears to have an impeccable background. According to him, the CIA debriefing arranged by Woolsey took place in 1993.
But I am informed by an expert on these matters that Gaddafi never, repeat never, was without at least one armed personal bodyguard. To be alone with an American journalist with many contacts in Washington would be, for Gaddafi, impossible.
And if this information was known in 1993, why on earth did the CIA, the FBI and the Scottish Crown office not know of it in the next seven years leading up to the trial?
Why was de Borchgrave not invited to be deposed or give evidence to the Lockerbie trial, or even an affidavit?
It might be said to be hearsay, and therefore not admissible in court.
But several hearsay issues and affidavits were extensively investigated by the court, notably the Goben Memorandum, and the account of the interview of bomb maker Marwan Khreesat by FBI Agent Edward Marshman. Even a hearsay account that Gaddafi confessed to the crime would have cast serious doubt on al-Megrahi's defence.
The original 1991 indictment could have been varied to reflect the latest knowledge. Indeed, the final version of the indictment was agreed by the US Department of Justice and the Scottish Crown Office in 2000, only three weeks before the trial commenced.
If the FBI did know it, why did they not mention any of this in a May 1995 Channel 4 discussion following the screening of the documentary The Maltese Double Cross? Buck Revell of the FBI became quite intense in answering Jim Swire's questions and those of presenter Sheena McDonald. But he said not a word about the Gaddafi "confession". Why?
Also, how come Marquise - as he says himself "Chief FBI Investigator of the Lockerbie bombing" - was not aware of it in the seven years leading up to the 2000 trial or the nine years since? That is, sixteen years of ignorance?
And why did CIA Vincent Cannistraro himself not mention it when interviewed on camera on at least two occasions in 1994 by Alan Francovich for the documentary film The Maltese Double Cross?
As head of the CIA team investigating Libya, Cannistraro would be the first to be briefed by the Langley central office. He was happy to provide hearsay evidence to the media and film camera against Oliver North and any Libyan or Iranian that got in his way. He spoke at length about green and brown timer boards, and potential witnesses.
To relate on camera the Gaddafi "confession" would have been greatly to Cannistraro's advantage, a slam-dunk in the public mind. Indeed, even a hint in the media would have ham-strung al-Megrahi’s defence before proceedings commenced.
But between 1993 and 2009 from Cannistraro not a word. And when it comes to America's interests, the CIA never follow Queensberry rules.
CIA [officer] Robert Baer too, as a Middle Eastern specialist has given no hint of this. Such information would surely have come within the "need to know" category. Yet he has maintained on two occasions that Iran commissioned the job and paid the PFLP-GC handsomely two days after the attack. His conclusion suggests strongly that the so-called fragment of the bomb was planted.
The real reasons for this late announcement, we believe, are as follows:
1. It is well known among those who study these things in the field that there are two candidates shortly to succeed Gaddafi. His son Saif, and his son-in law Sennusi. Meanwhile Sennusi is not top of the pops with Arab leaders in the region. They would love it if he were out of the frame. The Borchgrave revelation discredits Sennusi perfectly.
2. The SCCRC is shortly to publish information which some believe will cause serious embarrassment to the FBI And CIA. The Borchgrave email is huge smoke and mirrors, a spoiler.
It all looks highly suspicious. Just another carefully crafted phase in a long, long history of disinformation.

Wednesday 14 March 2012

Lockerbie Revealed: other key findings from 'secret' report

[This is the headline over a long article by John Ashton published today on the heraldscotland.com website.  It reads in part:]

During its four-year investigation, as well as finding six grounds why Megrahi may have suffered a miscarriage of justice, the Scottish Criminal Cases Review Commission examined numerous other issues which, according to his lawyers, affected the safety of his conviction. (...)

The Libyan informant
A key witness against Megrahi was a former Libyan Arab Airlines colleague, Majid Giaka, who was also a junior intelligence officer and CIA informant. At trial the defence were provided with partially redacted CIA cables about him.
After two of the Crown team had viewed almost complete cables on 1 June 2000, the Lord Advocate assured the court that the blanked out sections were of no relevance.
However, when less redacted versions were eventually released they cast further doubt on Giaka’s credibility. In their application to the SCCRC, Megrahi’s lawyers, who were not those who represented him at trial, argued that the failure to release the full, unredacted cables breached Megrahi’s right to a fair trial.
Remarkably, the SCCRC was not allowed to view the full cables, but having read the partially redacted ones, it commented:

it is difficult to understand the Lord Advocate’s assurances to the court on 22 August 2000 that there was “nothing within these documents which relate to Lockerbie or the bombing of Pan Am 103 which could in any way impinge on the credibility of Mr Majid on these matters”. The matter is all the more serious given that part of the reason for viewing the cables on 1 June 2000 was precisely in order to assess whether information behind the redacted sections reflected upon Majid’s credibility.

The SCCRC nevertheless concluded that the failure to release the full cables had not resulted in a miscarriage of justice.  Twenty-two years on, Giaka’s full story remains unknown.

The terrorist whistleblower
Six months into Megrahi’s trial the Crown disclosed a transcript of a lengthy deathbed confession by Palestinian self-confessed terrorist Mobdi Goben. He  claimed that the bombing was the work of his own group, Popular Front for the Liberation of Palestine – General Command (PFLP-GC), a Syrian and Iranian backed faction who were the original prime suspects in the bombing.

The defence interviewed a number of Goben’s relatives and associates who were seeking asylum in Norway, plus a man whom Goben had implicated in the bomb plot.
However, the court refused a defence motion to request further information from the Syrian, Iranian, American and Swedish governments, and the allegations were never raised at trial. Megrahi’s SCCRC submission argued that the Crown’s approach to the matter breached his right to a fair trial.
The SCCRC raised the matter with Megrahi’s junior counsel John Beckett, who said that the Goben evidence would have been difficult to use. It also had access to undisclosed Crown documents, which, in its view, contained nothing the defence didn’t already know. It concluded: the Commission does not consider that the Crown’s handling of matters concerning the Goben memorandum gave rise to a breach of the Crown’s obligations … Accordingly, the Commission does not consider that a miscarriage of justice may have occurred in this connection.
Goben’s claims remain unproven, but many who have studied the case, including the British Lockerbie relative Dr Jim Swire, continue to hold the PFLP-GC responsible for Lockerbie.

Prime suspect No.1: Abu Elias
Mobdi Goben and PFLP-GC member, bomb-maker Marwan Khreesat, each implicated another of group member, known as Abu Elias, in the bombing. (…)
A number of Megrahi’s unsuccessful submissions to the SCCRC referred to Abu Elias. Although the Commission could find no direct evidence of his involvement in the bombing, Abu Elias remains the prime suspect for many of those who doubt Megrahi’s guilt. 

Prime suspect No.2: Abu Talb
The most unusual Crown witness at Megrahi’s trial was convicted terrorist Mohamed Abu Talb, who was serving a life sentence in Sweden for fatal bombings in Northern Europe in the mid-eighties.

Previously a prime suspect in the Lockerbie bombing, he had visited Malta two months before Lockerbie, returning with clothes, and some of his associates had visited the German flat in which the PFLP-GC’s Marwan Khreesat made barometric bombs. (…)
The SCCRC uncovered no significant new evidence about Abu Talb, but was unable to properly investigate an airline ticket, which suggested that he possibly made a second trip to Malta at around the time that Tony Gauci said he sold the bomb suitcase clothing.

The report says: The Commission requested that D&G (Dumfries and Galloway Police) ask the police officers involved in enquiries relative to Abo Talb whether they had established that the position in respect of the return portion of the ticket. D&G confirmed in a letter dated 19 April 2006 that none of the officers could recall making enquiries in this connection … In the Commission’s view, although it is regrettable that the matter was not checked with Scandinavian Airlines at the time of the police investigation, there was no failure by the Crown to disclose material evidence about the return portion of Talb’s flight ticket.

There is no smoking gun to implicate Abu Talb, but his trip to Malta and his PFLP-GC connections continue to fuel suspicions of his involvement in Lockerbie.
The shopkeeper
Maltese shopkeeper Tony Gauci was the key witness against Megrahi, as it was he who sold the clothes that were supposedly packed into the bomb suitcase. In 1991 he made a tentative identification of Megrahi, which he repeated at an ID parade 8 years later and again during his trial evidence.

Although four of the SCCRC grounds of referral concerned Gauci, the Commission rejected a number of submissions contained in Megrahi’s original application.  Among these was the claim that Gauci had been taken to Scotland by the police, where he received treats and hospitality, which may have influenced his evidence.
The Commission confirmed that Gauci was taken to Scotland on a number of occasions, but considered that nothing improper had taken place. It says: … almost all of Mr Gauci’s visits to Scotland took place after he had given evidence. The only exception to this is his visit in 1999 when he attended Dumfries for precognition and was taken sight-seeing in Edinburgh the following day. However, in the Commission’s view any possible significance that might have been attached to this by the defence has to be seen in light of the other information contained in the reports described above. It appears from this that far from viewing his visits to Scotland and elsewhere as an incentive Mr Gauci was strongly opposed to his removal from Malta which he regarded as a source of inconvenience.
Large question marks remain over Gauci’s evidence. The SCCRC discovered that post-trial he received a reward of at least $2 million from the US Department of Justice.

The CIA agent
The only US investigator interviewed by the SCCRC, former CIA agent Robert Baer, reported intelligence indicating that the Iranian government had commissioned the PFLP-GC to bomb Pan Am 103. His sources suggested that two days after the bombing $11 million was transferred into a PFLP-GC Swiss bank account and a few months later $500,000 was paid into an account thought to belong to Abu Talb at the Degussa Bank in Frankfurt.

Overall, the SCCRC concluded: … the Commission has no reason to doubt [Mr Baer’s] credibility. However, as he himself acknowledged, he has no direct knowledge of any of the information in his possession, which came largely from CIA telexes. As with all intelligence, the validity of that information was very much dependent upon the reliability of its source which in many cases Mr Baer was unable to vouch.

The Baer chapter demonstrates the limited reach of the SCCRC’s inquiry and is probably the report’s most disappointing.  
‘The Golfer’
The Golfer was the cover name of a police officer who told Megrahi’s then legal team that key items of evidence had been manipulated to fit the prosecution case.

Subsequent submissions to the SCCRC by the lawyers, MacKechnie & Associates, highlighted anomalies in police documentation, which appeared to support these claims. (…)
The Commission did not consider the documentary anomalies to be sinister: while some of the allegations made in the submissions were based upon information said to have been provided by the Golfer, others were based purely on perceived irregularities in the recorded chain of evidence. The Commission’s approach to the latter was that in any police enquiry, let alone one as large scale and complex as the present one, human error is inevitable. Although apparent omissions, inconsistencies or mistakes in productions records may, after a long period of time, appear difficult to explain, or even suspicious, in the Commission’s view they do not, in themselves, support allegations of impropriety against those involved in the investigation.
The police will be relieved by the report’s conclusions. That relief won’t be shared by the Crown Office, which the SCCRC has left with some important questions to answer. (…)
Megrahi himself
Before referring Megrahi’s conviction to the appeal court, the SCCRC had to be satisfied that, regardless of the weaknesses in the Crown case, there was not overwhelming evidence of his guilt.

In practice this meant exploring the issues that would have been raised during cross-examination, if he had opted to give evidence.
These included his relationship with the JSO, his use of a false passport, large payments into his Swiss bank account and lies he had told in a US television interview. The Commission conducted lengthy interviews with Megrahi and studied 37 of his precognition statements.  
The report says: while at no time did the applicant admit that he was a “member” of [the JSO], in the Commission’s view he was so closely associated with it as to amount to the same thing … It is important to bear in mind in any assessment of the applicant’s accounts that each of them was given in English rather than in his native tongue. It is obvious … that on occasions the applicant had difficulty expressing himself clearly. Caution is therefore required in analysing his accounts … On the other hand, the applicant speaks English relatively well, having previously studied the subject in Cardiff, and he did not request the assistance of an interpreter at any stage in his interview with the Commission. In these circumstances the Commission does not consider the inconsistencies in his accounts are merely the result of communication difficulties … In particular, the Commission believes that there was a real risk that the trial court would have viewed his explanations for his movements on 20 and 21 December 1988, and his use of the [false] Abdusamad passport on that occasion, as weak or unconvincing.

It concluded: The Commission has also considered whether, notwithstanding its conclusion that a miscarriage of justice may have occurred, the entirety of the evidence considered by it points irrefutably to the applicant’s guilt. The Commission’s conclusion is that it does not.

Megrahi insists that he had nothing to hide from the SCCRC and that the inconsistencies in his accounts are all innocent. While he disputes some of its conclusions he has made clear that he is happy for them to be made public.

Saturday 2 January 2010

Reaction to "Gadhafi admitted it!"

[The following comment on the "Gadhafi admitted it!" thread comes from Peter Biddulph. It was too long to be posted directly as a comment on that thread.]

The timing of this information is most strange.

According to Wikipaedia and other sources, Arnaud de Borchgrave appears to have an impeccable background. According to him, the CIA debriefing arranged by Woolsey took place in 1993.

But I am informed by an expert on these matters that Gaddafi never, repeat never, was without at least one armed personal bodyguard. To be alone with an American journalist with many contacts in Washington would be, for Gaddafi, impossible.

And if this information was known in 1993, why on earth did the CIA, the FBI and the Scottish Crown office not know of it in the next seven years leading up to the trial?

Why was de Borchgrave not invited to be deposed or give evidence to the Lockerbie trial, or even an affidavit?

It might be said to be hearsay, and therefore not admissable in court.

But several hearsay issues and affidavits were extensively investigated by the court, notably the Goben Memorandum, and the account of the interview of bomb maker Marwan Khreesat by FBI Agent Edward Marshman. Even a hearsay account that Gaddafi confessed to the crime would have cast serious doubt on al-Megrahi's defence.

The original 1991 indictment could have been varied to reflect the latest knowledge. Indeed, the final version of the indictment was agreed by the US Department of Justice and the Scottish Crown Office in 2000, only three weeks before the trial commenced.

If the FBI did know it, why did they not mention any of this in a May 1995 Channel 4 discussion following the screening of the documentary The Maltese Double Cross? Buck Revell of the FBI became quite intense in answering Jim Swire's questions and those of presenter Sheena McDonald. But he said not a word about the Gaddafi "confession". Why?

Also, how come Marquise - as he says himself "Chief FBI Investigator of the Lockerbie bombing" - was not aware of it in the seven years leading up to the 2000 trial or the nine years since? That is, sixteen years of ignorance?

And why did CIA Vincent Cannistraro himself not mention it when interviewed on camera on at least two occasions in 1994 by Alan Francovich for the documentary film The Maltese Double Cross?

As head of the CIA team investigating Libya, Cannistraro would be the first to be briefed by the Langley central office. He was happy to provide hearsay evidence to the media and film camera against Oliver North and any Libyan or Iranian that got in his way. He spoke at length about green and brown timer boards, and potential witnesses.

To relate on camera the Gaddafi "confession" would have been greatly to Cannistraro's advantage, a slam-dunk in the public mind. Indeed, even a hint in the media would have ham-strung al-Megrahis defence before proceedings commenced.

But between 1993 and 2009 from Cannistraro not a word. And when it comes to America's interests, the CIA never follow Queensberry rules.

CIA Robert Baer too, as a Middle Eastern specialist has given no hint of this. Such information would surely have come within the "need to know" category. Yet he has maintained on two occasions that Iran commissioned the job and paid the PFLP-GC handsomely two days after the attack. His conclusion suggests strongly that the so-called fragment of the bomb was planted.

The real reasons for this late announcement, we believe, are as follows:

1. It is well known among those who study these things in the field that there are two candidates shortly to succeed Gaddafi. His son Saif, and his son-in law Sennusi. Meanwhile Sennusi is not top of the pops with Arab leaders in the region. They would love it if he were out of the frame. The Borchgrave revelation discredits Sennusi perfectly.

2. The SCCRC is shortly to publish information which some believe will cause serious embarrassment to the FBI And CIA. The Borchgrave email is huge smoke and mirrors, a spoiler.

It all looks highly suspicious. Just another carefully crafted phase in a long, long history of disinformation.

Saturday 15 December 2007

Mobdi Goben and Paul Foot

Ed's Blog City has a recent post on the Goben Memorandum, speculating that it may be the mysterious foreign document that Megrahi's legal team has been calling on the Crown to hand over. See http://edsblogcity.blogspot.com/2007/12/goben-memorandum.html. It also reprints Paul Foot's classic Private Eye article "Three Lords A Leaping.....To Conclusions." See
http://edsblogcity.blogspot.com/2007/12/three-lords-leapingto-conclusions.html.